367.052. Leased property, rental or installment contracts not misappropriated unless marked--defacing marks, effect--claimant may recover--pawnbroker not liable.
Leased property, rental or installment contracts not misappropriatedunless marked--defacing marks, effect--claimant mayrecover--pawnbroker not liable.
367.052. When an item of property is the subject of a lease, rentaltransaction or retail installment contract with a company domiciled in thestate, between the claimant and the claimant's lease or rental customer atthe time it is delivered into the possession of the pawnbroker, theproperty shall not be deemed misappropriated unless it bears a conspicuouspermanent label or marking identifying it as the claimant's property.Evidence of defacing or the removal of identification marking of leased orrented property shall be treated as marked and identified and thereforedeemed to be misappropriated. Property subject to a lease, rentaltransaction or retail installment contract with a company domiciled in thestate, which is not marked as provided in this subsection may be recoveredby the claimant upon payment to the pawnbroker of all moneys owing to oradvanced by the pawnbroker in the pawn or purchase transaction, and uponproducing evidence identifying the property as having been the property ofthe claimant and leased or rented at the time the property was placed inthe pawnbroker's possession. The pawnbroker shall be free from liabilityin connection with the recovery of leased or rental property pursuant tothis subsection.
(L. 1998 H.B. 1526 § 367.044 subsec. 7)